International Standards on Legal Protection of Prisoners' Labour and Social Security Rights : Un, ILO and Council of Europe / Xixue Shang.

Format:

Book

Author/Creator:

Shang, Xixue, author.

Series:

The Green Grass / Het Groene Gras

The Green Grass / Het Groene Gras Series

Language:

English

Subjects (All):

Council of Europe.

International Labour Organization.

United Nations.

Convict labor.

Prisoners--Legal status, laws, etc.

Prisoners.

Social security--Law and legislation.

Social security.

Physical Description:

1 online resource (245 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven International Publishing, [2018]

Summary:

This book examines international standards for the legal protection of prisoners' labour and social security rights, drawing on frameworks established by organizations such as the United Nations, International Labour Organization, and Council of Europe. It explores the evolution of prisoners' labour from punishment-oriented systems to more humane approaches focused on reintegration into society. The author provides comparative analyses of international legal standards, identifying convergences and divergences to propose universally applicable rules for improving prisoners' rights. Intended for national legislators and policymakers, the book serves as a guide for aligning national laws with globally recognized standards. It also highlights the social, economic, and ethical importance of protecting prisoners' labour and social security rights while contributing to criminology and legal scholarship. Generated by AI.

Contents:

Intro

Preface

Acknowledgments

Table of Contents

Abbreviations

1 General Introduction

1.1 Research Background

1.2 Research Objectives

1.2.1 United Nations

1.2.2 International Labour Organization

1.2.3 Council of Europe

1.2.4 Research Sub-questions

1.3 Research Structure and Methodology

1.3.1 First Research Stage

1.3.2 Second Research Stage

1.3.3 Third Research Stage

1.4 Definitions

2 'Inmate Workers' Labour and Social Security Rights: A Worldwide View

2.1 Introduction

2.2 Imprisonment

2.2.1 Objectives of Imprisonment

2.2.2 The Punitive Role of Imprisonment

2.2.3 Prison Administration

2.2.4 Contemporary Principles of Imprisonment

2.2.4.1 Minimum Restrictions Principle

2.2.4.2 Normalization Principle

2.3 Prison Work

2.3.1 Nature of Prison Work

2.3.2 Roles of Prison Work

2.3.2.1 Reintegration Effect

2.3.2.2 Discipline and Surveillance

2.3.2.3 Financial Profits

2.3.3 Modern Objective and Principles of Prison Work

2.3.3.1 Normalization of Working Conditions

2.3.3.2 Orientation to Market Demand

2.3.3.3 Development of Personal Skills

2.4 Current Industrial Prison System

2.4.1 Organization of Prison Industry

2.4.2 Nature of Prisoners' Work

2.4.3 Types of Prison Employment

2.4.3.1 State Use of Prison Labour

2.4.3.2 Private Use of Prison Labour: A Mainstream Mode

2.4.3.3 Cooperative Work

2.4.3.4 Individual Work

2.4.4 Types of Contract-Out System

2.4.5 Private Use of Prison Labour

2.5 Employment of Inmate Workers in Practice

2.5.1 Employment Status of Inmate Workers

2.5.2 Labour Rights

2.5.2.1 Free Choice of Employment

2.5.2.2 Fair Labour Remuneration

2.5.2.3 Safe and Healthy Working Conditions

2.5.2.4 Reasonable Working Time and Rest

2.5.2.5 Vocational Training

2.5.3 Social Security Rights.

2.5.3.1 Sickness and Invalidity Benefits

2.5.3.2 Unemployment Benefits

2.5.3.3 Employment Injury Benefits

2.5.3.4 Old-Age Benefits

2.6 Causes of Insufficient Protection of Prison Work

2.6.1 Prejudice towards Prisoners

2.6.2 Obstacles Resulting from Imprisonment Itself

2.6.3 Low Productivity of Prison Industry

2.6.4 Conflict of Interests between Prison and Prisoners

2.6.5 Demand of Prison Rehabilitation Activities

2.7 Justification for Protecting Prisoners' Labour

2.7.1 Considerations from the Effective Penal Administration Perspective

2.7.1.1 Fostering Prisoners' Rehabilitation

2.7.1.2 Response to Exploitation of Prison Labour

2.7.2 Considerations from the Perspective of a Positive Contribution to Society

2.7.2.1 Contribution to the National Economy

2.7.2.2 Public Recognition of Prisoners' Labour

2.7.2.3 Improvement of Prison Industry Productivity

2.7.2.4 Elimination of Unfair Competition with Free Workers

2.7.3 Considerations from the Perspective of an Ideal Human Rights Protection

2.7.3.1 Internationalization of Prisoners' Human Rights Protection

2.7.3.2 Realization of Humanist Ideals

2.8 Conclusion

3 United Nations

3.1 Introduction

3.2 Universal Declaration of Human Rights

3.2.1 Prisoners and Labour Rights

3.2.2 Prisoners and Social Security Rights

3.2.3 Prisoners and the Right to Equal Treatment

3.3 International Covenant on Civil and Political Rights

3.3.1 Prisoners and Labour Rights

3.3.2 Prisoners and Social Security Rights

3.3.3 Prisoners and the Right to Equal Treatment

3.4 International Covenant on Economic, Social and Cultural Rights

3.4.1 Prisoners and Labour Rights

3.4.2 Prisoners and Social Security Rights

3.4.3 Prisoners and the Right to Equal Treatment.

3.5 UN Standard Minimum Rules for the Treatment of Prisoners (2015 Nelson Mandela Rules)

3.5.1 Prisoners and Labour Rights

3.5.1.1 Choice of Employment

3.5.1.2 Labour Remuneration

3.5.1.3 Safe and Healthy Working Conditions

3.5.1.4 Working Hours and Vacation

3.5.1.5 Vocational Training

3.5.2 Prisoners and Social Security Rights

3.5.2.1 Employment Injury Benefits

3.5.2.2 Other Social Security Benefits

3.6 Basic Principles for the Treatment of Prisoners

3.6.1 Prisoners Retain Human Rights

3.6.2 Prisoners Should Have Access to Remunerated Employment

3.7 The UN Rules for the Protection of Juveniles Deprived of Their Liberty

3.7.1 Choice of Employment

3.7.2 Remuneration

3.7.3 Vocational Training

3.8 Conclusion

4 International Labour Organization

4.1 Introduction

4.2 The Forced Labour Convention

4.2.1 Prohibition of Forced Labour

4.2.2 Definition of Forced Labour

4.2.2.1 Work or Service

4.2.2.2 Menace of Any Penalty

4.2.2.3 Involuntary Will

4.2.3 Exceptions to the Prohibition of Forced Labour Law

4.2.3.1 Consequence of a Conviction in a Court of Law

4.2.3.2 Supervision and Control of a Public Authority

4.2.3.3 Not Hired to or Placed at the Disposal of Private Individuals, Companies or Associations

4.2.4 Conditions for the Private Use of Prison Labour

4.2.5 Indicators of a Free Relationship

4.2.5.1 Free Consent

4.2.5.2 Full Employment Relationship

4.2.5.3 Equal Employment Conditions

4.2.6 Evaluation

4.2.6.1 Strengths

4.2.6.2 Weaknesses

4.2.6.3 Ratification and Current Status of Convention 29

4.3 The Protocol to the Forced Labour Convention

4.3.1 Strengthening the Combat against Forced Labour

4.3.2 Measures to Prevent and Eliminate Forced Labour

4.3.3 Appropriate Remedies

4.4 Forced Labour (Supplementary Measures) Recommendation.

4.5 The Abolition of Forced Labour Convention

4.6 Social Security (Minimum Standards) Convention, 1952

4.7 Conclusion

5 Council of Europe

5.1 Introduction

5.2 European Social Charter and the Revised European Social Charter

5.2.1 Prisoners and Labour Rights

5.2.1.1 Free Choice of Employment

5.2.1.2 Labour Remuneration

5.2.1.3 Health and Safety at Work

5.2.1.4 Reasonable Working Hours

5.2.1.5 Vocational Training

5.2.2 Prisoners and Social Security Rights

5.2.3 Prisoners and the Right to Equal Treatment

5.3 European Code of Social Security

5.3.1 Unemployment Benefits

5.3.1.1 Personal Scope

5.3.1.2 Definition of the Covered Social Risk

5.3.1.3 Qualifying Periods to Be Fulfilled

5.3.2 Old-Age Benefits

5.3.2.1 Personal Scope

5.3.2.2 Definition of the Covered Social Risk

5.3.2.3 Qualifying Periods to Be Fulfilled

5.3.3 Employment Injury Benefits

5.3.3.1 Personal Scope

5.3.3.2 Definition of the Covered Social Risk

5.3.3.3 Qualifying Periods to Be Fulfilled

5.3.4 Sickness Benefits

5.3.4.1 Personal Scope

5.3.4.2 Definition of the Covered Social Risk

5.3.4.3 Qualifying Periods to Be Fulfilled

5.3.5 Invalidity Benefits

5.3.5.1 Personal Scope

5.3.5.2 Definition of the Covered Social Risk

5.3.5.3 Qualifying Periods to Be Fulfilled

5.3.6 Prisoners and the Right to Equal Treatment

5.4 European Convention on Human Rights

5.4.1 Prohibition of Forced Labour

5.4.1.1 Definition of Forced Labour

5.4.1.2 Prison Labour and Forced Labour

5.4.2 Social Security Rights

5.4.2.1 Prohibition of Forced Labour and Entitlement to Social Security Benefits

5.4.2.2 Right to Peaceful Enjoyment of Social Security Benefits

5.4.3 Prohibition of Discrimination

5.5 The 2006 European Prison Rules

5.5.1 Labour Rights

5.5.1.1 Free Choice of Employment.

5.5.1.2 Labour Remuneration

5.5.1.3 Health and Safety at Work and Reasonable Working Hours

5.5.1.4 Vocational Training

5.5.2 Social Security Rights

5.6 Recommendation on the Management of Life-Sentence and Other Long-Term Prisoners

5.7 Resolution (62)2 on Electoral, Civil and Social Rights of Prisoners

5.8 The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

5.9 Conclusion

6 Comparative Analysis

6.1 Introduction

6.2 Comparative Analysis of International and European Legal Standards on Prisoners' Labour and Social Security Rights

6.2.1 Prison Labour

6.2.1.1 Relationship between Prison Labour and Forced Labour

6.2.1.2 Rehabilitation Role of Prison Work

6.2.2 Labour Rights

6.2.2.1 Free Choice of Employment

6.2.2.2 Fair Labour Remuneration

6.2.2.3 Safe and Healthy Working Conditions

6.2.2.4 Reasonable Working Time and Rest

6.2.2.5 Vocational Training

6.2.3 Social Security Rights

6.2.3.1 General Right to Social Security Benefits

6.2.3.2 Employment Injury Benefits

6.2.3.3 Payment of Benefits during Imprisonment

6.3 Conclusion

7 General Conclusion

7.1 Necessity of Legal Protection for Prison Work and Inmate Workers

7.2 Advantages and Disadvantages of Legislative Approaches in the Analysed Legal Regimes

7.3 Time for Fresh Thinking on the Jurisdiction Issue

7.3.1 Legal Value of Soft Laws

7.3.2 Legal Value of Commentaries from Monitoring Bodies

7.4 A Universally Acceptable Set of Standards and Rules

14 International Standards on Legal Protection of Prisoners' Labour and Social Security Rights Tables of international legal provisions concerning prison labour

Bibliography

Het groene gras.

Notes:

Includes bibliographical references.

Description based on print version record.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on publisher supplied metadata and other sources.

ISBN:

9789462748781

9462748780

OCLC:

1124615250